First, what does section 245(i) mean?
Section 245, subsection “i”, of the INA, refers to the opportunity for certain people, who are in the U.S. without lawful status, to obtain a Green Card (permanent residence) regardless of the way in which they entered the country or if their lawful stay has expired.
Who can apply for adjustment of status with section 245(i)?
All those people who have applied for a labor certificate or immigrant visa petition for work (form I-140) or for family reasons (form I-130) before the date of April 30, 2001.
There are circumstances where there may be uncertainty about the possibility of applying for this section. You may still be eligible for section 245(i) even if:
The petitioner dies;
The family member who filed the petition divorces you;
The employer who filed the labor certification or subsequent Form I-140 closes;
The petitioner or the employer chooses to withdraw the petition or labor certification; either
The petitioner or the employer cannot maintain the petition or application for labor certification;
As stated above, it depends on the reasons for the final action. In addition, the changed circumstances must relate to factors beyond your control and not to the merits of the petition at the time of filing. As long as the labor certification petition or application was "approvable when filed," it should remain protected.
(Carl Shusterman, 2021. Section 245i Adjustment of Status)
How can permanent residence be obtained under section 245(i)?
Persons interested in applying under this section should consult with an attorney, who may help them submit the corresponding form, which is I-485 regarding the adjustment of status, together with supplement A, associated filing fees, the supporting documents needed will vary according to each case, but in general they are the following:
Copy of the previous, underlying petition that qualifies the person for 245(i)
Identity documents
Proof of the relationship with the current Petitioner
Filing Fees
Medical Exam results
Other supporting documents
If you have an older petition that was filed either on your behalf, or on your parents’ behalf while you were still under 21 years of age, then you should consult an attorney about whether you have any immigration benefits under section 245(i). It’s important to work with someone you trust, who has knowledge and experience in the field. At Mundo Legal, we can help in the process of your application and provide you with the necessary support during the follow-up of your application.
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